Allahabad High Court
Sunil Gupta And 6 Others vs State Of U.P. And Another on 22 December, 2022
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 84
Case :- APPLICATION U/S 482 No. - 13295 of 2022
Applicant :- Sunil Gupta And 6 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Jai Shanker Misra,Indra Deo Mishra,Sr. Advocate,Vijai Shanker Shukla
Counsel for Opposite Party :- G.A.,Nipun Singh
Hon'ble Saurabh Shyam Shamshery,J.
1. A mediation process was initiated on behest of learned Senior and assisting counsels appearing for contesting parties, i.e., Applicant-1, Sunil Gupta and Opposite Party No. 2, Vijay Gupta, being real brothers which commenced with an order dated 19.09.2022. Thereafter this matter was came up for hearing on 27.09.2022, 12.10.2022, 13.10.2022, 14.11.2022, 15.11.2022, 22.11.2022, 23.11.2022 and 05.12.2022 when parties gradually came up with a settlement and a Memorandum of Understanding dated 14.10.2022 was filed. Thereafter with certain additions another Memorandum of Understanding was entered between parties on 23.11.2022 and in these circumstances this Court passed following order on 05.12.2022:
?On 23.11.2022, this Court has passed the following order:
"The Court is very pleased that after various deliberations between the parties, with the able assistance of Sri V.P. Srivastava, Senior Advocate assisted by Sri Jai Shanker Misra for applicants, Sri Sunil Srivastava, learned A.G.A. for the State and Sri Anurag Khanna, Senior Advocate assisted by Sri Nipun Singh for opposite party No.2, the parties i.e. two brothers along with their son have made out the settlement points placed on record by way of a written document duly signed by parties and their advocates.
In terms of said compromise, the company M/s Hindustan Candle Manufacturing Co. Pvt. Ltd. will deposit a cheque of Rs. 19,00,00,000/- (Rs. Nineteen Crores Only) in favour of Registrar General, High Court of Judicature at Allahabad by 5th December, 2022 and thereafter said amount will be distributed in terms of agreement after completion of certain formalities on 22nd December, 2022.
Put up this case on 05.12.2022.
Sri Nipun Singh, learned counsel for opposite party No.2 undertakes that he will seek adjournment on the next date i.e. 01.12.2022 fixed before the learned trial Court."
Today parties appear in person through respective advocates. The cheques bearing nos. 323317 (Rs.3,58,99,718/-), 323318 (Rs.3,00,000/-), 323319 (Rs.20,54,700/-), 323320 (Rs. 20,54,700/-), 323321 (Rs.9,99,93,100/- as well as two cheques bearing nos. 323324 (Rs. 2,00,00,000/-) and 323325 (Rs.2,97,00,000/-) are placed before this Court as well as 12 original share certificates and 12 duplicate certificates.
After taking a photocopy of the same which will be part of the order of this case, these documents shall be put in a sealed envelope and the Registrar General is directed to keep it in a safe custody. The sealed envelope shall be placed by the Registrar General before this Court on the next date.
List on 22.12.2022.?
2. Today parties in person are present before this Court alongwith their respective counsels.
3. At the outset two cheques bearing Nos. 323318, in favour of Vijay Gupta for Rs. 3,00,000/- and 323319, in favour of Vinay Gupta for Rs. 20,54,700/-, are being replaced due to certain overwriting and now new cheques bearing Nos. 323326, in favour of Vijay Gupta for Rs. 3,00,000/- and 323323, in favour of Vinay Gupta for Rs. 20,54,700/-, are taken on record.
4. Board of Resolution as well as Specific Power of Attorney in agreed terms is placed on record today and further that on basis of these agreed terms the dispute is now being settled and they prayed that proceedings be quashed.
5. In terms of above understanding, four cheques bearing Nos. 323320 (in favour of Mrs. Jyoti Gupta for Rs. 20,54,700/-); 323321 (in favour of Vijay Gupta for Rs. 9,99,93,100/-); 323323 (in favour of Vinay Gupta for Rs. 20,54,700/-); and, 323326 (in favour of Vijay Gupta for Rs. 3,00,000/-) are handed over to Sri Nipun Singh, learned counsel for Opposite Party No. 2 and three cheques bearing Nos. 323317 for Rs. 3,58,99,718/-; 323324 for Rs. 2,00,00,000/-; and, 323325 for Rs. 2,97,00,000/-, all in favour of Hindustan Candle Manufacturing Co. Pvt. Ltd., are handed over to Sri Jai Shankar Mishra, learned counsel for applicants.
6. Today parties have finally settled their dispute which were essentially civil in nature, pending between them for almost four years and they have come up with a mutually agreed Memorandum of Understandings dated 14.10.2022 and 23.11.2022 as well as Board of Resolution and Specific Power of Attorney dated 22.12.2022 and copies thereof are treated to be part of this order. The Share Certificates (12 in numbers) are also handed over to counsel for applicants and duplicate of same are treated to be part of record.
7. In these circumstances as well as taking note of judgment passed by Supreme Court in State of Madhya Pradesh versus Laxmi Narayan and others:(2019) 5 SCC 688, the criminal proceedings arising out of Complaint Case No. 5946 of 2022, under Sections 406, 420, 465, 467, 468, 471, 323, 506 IPC (Vijay Gupta vs. Sunil Gupta and others), Police Station Sector 20, NOIDA, District Gautambudh Nagar, pending before Chief Judicial Magistrate, Gautambudh Nagar, hereby quashed. The application is accordingly allowed.
8. Court appreciates the endeavour of learned counsels for rival parties as well as Sri Nishant Mishra, Advocate and Sri Sunil Srivastava, learned AGA that a long lasting dispute between two real brothers is settled.
9. Parties in person ensure that their respective obligations have been satisfied and presently no dispute is pending arising out of present criminal proceedings.
Order Date :- 22.12.2022
AK
